How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask JGM Your Own Question
JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11150
Experience:  30 years as a practising solicitor.
31090051
Type Your Scots Law Question Here...
JGM is online now

Validity of typed wills in Scotland

Resolved Question:

, I'm looking regarding a will [Scotland], can you help? My mother apparently left a typed will and although she has signed it at the bottom and had it witnessed, I am not convinced that the words are hers - she also says I stole something on it and both she and I know this is not the case and I can prove it.

Can I contest this will on the grounds of its validity as well as the lie?

Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.
Thank you question. I am a Scots lawyer and can help you with this.
Is your mother still alive? You say in the present tense "both she and I know that this is a lie".
Apart from the lie what other aspect of the will do you not agree with?
Customer: replied 2 years ago.

,

Unfortunately, she isn't alive anymore. The other issue that I am concerned about is the language that is used in the will as my mother was a very articulate woman but reading this, it does not sound like her words at all. As well as this, the copy I have been given looks as if the signature(s) have been taken off of something else (possibly another will) and added to this one. My worry is that someone has typed it up and tried to legitimise it by adding the signatures - especially with reference to the so-called 'theft'... I am not interested in any monies but I do want to clear my name as this 'will' is being passed to insurance companies, banks etc

Expert:  JGM replied 2 years ago.
What you would have to do is reduce the will by going to court. This could cost thousands of pounds and if you have no financial interest in the will I couldnt advise you to do that.
In the first instance, however, you may want to note that a will is not generally shown to banks and insurance companies. A certificate of confirmation is usually obtained by the cut or form the court and that is what is used to ingather the estate
Happy to discuss further.
Customer: replied 2 years ago.

,

Thanks but I know the 'will' has already been shown to these people as it states that my sister has to deal with my mothers estate The bank accepted it and as far as I am aware, so have the insurance companies..(I dread to think what they thought of it and what they thought of me as I hadn't viewed it at this point)

Does a will have to be handwritten in order to be valid? (there was no medical reason not happening at the time)

Expert:  JGM replied 2 years ago.
A will can be handwritten but rarely is. More normally it's typewritten, signed on every page and witnessed on the last page.
Customer: replied 2 years ago.

Ok, so I can't challenge it on the grounds of it's validity (I will of course ask to see the original in order to verify or disqualify my suspicion that it is not genuine).

Can I do anything about the false claim that has been made on it? I obviously don't want to discuss personal details on here but I'm extremely angry & upset at this blackening of my name.

Expert:  JGM replied 2 years ago.
You can't challenge the false claim unless you establish that will isn't genuine. If you can get the original you could get a handwriting expert to compare the signature with a known signature of your mother to establish if it is in fact she who signed it.
JGM and other Scots Law Specialists are ready to help you